In today’s Brainyacts:

1. Fair Use and the Fourth Law

2. Anthropic gives us micro-KM function (a great feature)

3. Paying for Amazon’s Alexa and other AI model news

4. Bar association’s Innovator-in-Residence & AI and more news you can use

   👋 to all subscribers!

To read previous editions, click here.

Lead Memo

©️ 🎨 Fair Use and the Fourth Law of Robotics (AI)

Unraveling the Complexity of Human Expression in the Age of AI: Inputs, Outputs, and the Creative Act

An essay inspired by the following:

• Music industry lawsuit filed yesterday against two AI-music generation companies. Article here. RIAA’s complaint here.

• Isaac Asmiov’s Three Laws of Robotics

• Coverage of a new startup that is advocating for the Fourth Law of Robotics (AI)

Vignette: Isaac Asimov's Three Laws of Robotics

Isaac Asimov’s Three Laws of Robotics, introduced in his 1942 short story "Runaround," are fundamental principles designed to ensure the safe and ethical operation of robots in a human-centric world. These laws are:

1. A robot may not injure a human being or, through inaction, allow a human being to come to harm.

2. A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.

3. A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

Essay

Asimov’s laws prioritize human safety, obedience to human commands, and the self-preservation of robots, in that order. These fictional principles have influenced real-world discussions about the ethical design and behavior of AI and robotics, encouraging the development of technologies that enhance human well-being while ensuring safety and ethical conduct.

The debate around generative AI and intellectual property rights is not just about technology; it’s about the very nature of human creativity. Central to this debate is the concept of human expression—whether it is based on the input, the process of creation, or the output. This essay aims to unpack these nuances, exploring how the Fourth Law proposed by Created by Humans and the RIAA’s stance intersect with the broader understanding of creative expression. By examining these elements, we can better appreciate the complexities and propose a more equitable framework for recognizing and compensating human input in the digital age.

Inputs: The Foundation of Creativity

Human expression begins with inputs; the vast array of experiences, knowledge, and inspiration that fuel creative processes. In the traditional sense, these inputs are untrackable and ephemeral—conversations, observations, emotions, and environmental interactions that artists and professionals draw upon unconsciously. However, when it comes to digital inputs, such as texts, images, or music used to train AI models, these inputs become trackable and quantifiable.

The Fourth Law and the RIAA’s position emphasize the importance of recognizing and compensating these digital inputs. The argument is that if an AI model uses a human-created work as part of its training data, the original creator should have the right to be credited and compensated. This notion aligns with how we treat citations in academic work or royalties in the music industry. However, this is easier said than done, as it raises the question of where to draw the line between general inspiration and direct usage of digital content.

The Process: Creation and Transformation

The creative process itself is a blend of inputs, transformation, and unique human touch. Whether it’s writing a poem, painting a picture, or developing a legal strategy, the process involves synthesizing various inputs into something new and unique. When AI is used as a tool in this process, it acts as an amplifier of human creativity rather than an autonomous creator.

The RIAA’s contention that AI-generated music lacks human creativity (and therefore not entitled to fair use) overlooks the fact that humans design, prompt, and refine these AI systems. Thus, the process of using AI to create should still be seen as a human-driven activity, deserving of the same respect and rights as any other creative process such as playing a piano, choosing paints and brushes, or what words and arguments to use.

Outputs: The Final Product

The output is the tangible result of the creative process—the poem, the painting, the legal argument. Here, the question arises: Is the final product solely the result of the inputs and the process, or does it stand as a unique entity that can be owned and protected?

In the context of AI, outputs can be seen as the culmination of both human inputs (the data used for training) and the creative process involving human interaction with AI tools. For example, an AI-generated song might be built on a vast database of existing music, but the final product is shaped by the prompts and refinements made by the user.

Digital Inputs and Trackability

One key distinction in the AI era is the trackability of digital inputs. Unlike the intangible inspirations we gather from everyday life, digital inputs used to train AI models are specific, identifiable, and often copyrighted. This trackability lends itself to a stronger case for compensation and credit.

Does this trackability confer additional rights to creators? In some ways, yes. The ability to trace back digital inputs to their sources allows for more precise attribution and compensation. However, this raises further questions about the balance between protecting intellectual property and fostering innovation.

Inputs vs. Outputs: Ownership and Compensation

The debate also extends to whether inputs or outputs—or both—should be the basis for ownership and compensation. For instance, should a specific prompt or sequence of prompts that yield a unique AI-generated output be considered proprietary? If so, this could lead to a new form of intellectual property where both the recipe (input) and the cake (output) are protected.

Toward a Nuanced Understanding

The intersection of the Fourth Law, human expression, and AI’s role as a tool highlights the need for a nuanced understanding of creativity in the digital age. Legal frameworks must evolve to recognize the unique contributions of human creators in AI processes, balancing the protection of intellectual property with the promotion of innovation. By acknowledging both the trackable digital inputs and the transformative outputs, we can create a fairer system that honors the true nature of human creativity in the age of AI.

Call to Action

Legal professionals, creators, and AI developers must collaborate to establish standards and frameworks that reflect the complexities of modern creativity. Embracing the principles of the Fourth Law and refining our understanding of fair use will be crucial in ensuring that the digital age remains a space where human creativity is respected and rewarded.

🚨🚨What say you? Hit me back by replying directly to this email to share your POV, reactions, and ideas on this topic.

Spotlight

🎉 Anthropic Claude June 25th Feature Release: Projects! 🎉

Welcome to another helpful update on Anthropic's Claude! This video dives into the latest features released today, focusing on enhancing your user interface experience and introducing the powerful new "Projects" feature. I call it a micro-KM (knowledge management) function.

🔍 In This Video I Walk You Through:

1. Sidebar Improvements - Easily access your recent examples and settings.

2. Projects Feature - Bundle multiple files and documents into one chat for seamless knowledge management. Perfect for organizing and leveraging your work across conversations!

3. Custom Instructions - Guide Claude with specific prompts for a more tailored interaction.

👀 First Impressions: As always with these videos I explore these new features for the first time, fumbling about to give you an authentic first-time user experience. See how intuitive the new interface and functions are, and learn how you can make the most out of them. These updates are indeed useful!

📂 Projects in Action: Watch as I create a test project, upload various documents, and see how Claude summarizes and organizes the content. Whether you're a lawyer, a professor, or just curious, you'll find this micro knowledge management tool incredibly useful.

🛠️ Customizing Claude: Discover how to add custom instructions to your chats, enabling Claude to act as an expert in your specified field. This feature is perfect for remixing content, developing new courses, or redesigning syllabi.

Check it out here:

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AI Model Notables

► New AI hardware company looks to prevent school shootings (and mass public shootings). Crazy tech here but a successful founder.

► OpenAI releases the ChatGPT desktop App for Macs - The desktop app is only available for macOS 14+ with Apple Silicon (M1 or better). Coming to Windows later this year.

► Microsoft AI CEO Mustafa Suleyman says GPT-6 will come in two years.

► KPMG will deploy Microsoft 365 Copilot to all its U.S. partners and professionals this year, supporting an initiative that aims to embed generative AI “into everything KPMG does.”

► Would you pay for Alexa? Amazon mulls $5 to $10 monthly price tag for unprofitable Alexa service, AI revamp.

► OpenAI has acquired Rockset, a company specializing in real-time data analysis, to improve its AI's ability to find and use information. Rockset builds data indexing and querying tech i.e. backbone for better RAG.

► OpenAI buys a remote collaboration platform opening the door for AI agents to work side-by-side humans on one desktop.

► Apple and Meta partnering to make Apple Intelligence smarts – or maybe they aren’t.

► Apple won’t roll out AI tech in EU market over regulatory concerns.

► X.ai’s Grok is now accessible via its own website, not just in the X/Twitter app - Go to https://x.ai/grok - note you need a Premium or Premium+ account. BTW Grok is getting better and better but not a leading model yet. Given the amount of resources Elon Musk is moving to X.ai though- it is likely only a matter of time.

News You Can Use:

➭ Y Combinator — the venture capitalist firm that brought us Airbnb, Dropbox and DoorDash — comes out against a bill by California state Sen. Scott Wiener that would require large AI models to undergo safety testing saying that it would "threaten the vibrancy of California’s technology economy and undermine competition."

➭ Ontario Bar Association’s Innovator-in-Residence aims to help lawyers integrate AI into their practice.

➭ Toys "R" Us has released the first OpenAI SORA AI-generated brand commercial.

Who is the author, Josh Kubicki?

Some of you know me. Others do not. Here is a short intro. I am a lawyer, entrepreneur, and teacher. I have transformed legal practices and built multi-million dollar businesses. Not a theorist, I am an applied researcher and former Chief Strategy Officer, recognized by Fast Company and Bloomberg Law for my unique work. Through this newsletter, I offer you pragmatic insights into leveraging AI to inform and improve your daily life in legal services.